RE: [bc-gnso] FW: STI-DT -- BC preliminary position statements

["Michael D. Palage" <michael@xxxxxxxxxx>]

Zahid,

 

Is it really constructive to advocate positions that go above and beyond the
initial recommendations contained in the IRT?

 

Best regards,

 

Michael

 

From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of
Zahid Jamil
Sent: Tuesday, October 27, 2009 10:13 PM
To: 'BC gnso'
Subject: [bc-gnso] FW: STI-DT -- BC preliminary position statements

 

Dear All,

 

Will be sending out a draft of our position on the STI.  Here's something
helpful Mike R put together.

 

 

 

Sincerely,

 

Zahid Jamil

Barrister-at-law

Jamil & Jamil

Barristers-at-law

219-221 Central Hotel Annexe

Merewether Road, Karachi. Pakistan

Cell: +923008238230

Tel: +92 21 5680760 / 5685276 / 5655025

Fax: +92 21 5655026

 <http://www.jamilandjamil.com/> www.jamilandjamil.com

 

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From: Mike Rodenbaugh [mailto:mike@xxxxxxxxxxxxxx] 
Sent: Wednesday, October 28, 2009 11:08 AM
To: 'Zahid Jamil'
Cc: 'Philip Sheppard'
Subject: RE: STI-DT -- BC preliminary position statements

 

TM Clearinghouse:

 

1.       Sunrise processes must be standardized and mandatory.

2.       TM notices (misnamed "IP claims") must be mandatory:

a.       All applications for newTLD domain registrations will be checked
against the TMC, regardless whether application is during sunrise period or
thereafter

b.      If applied-for domain string anywhere contains text of trademark
listed in TMC, then TM notice given to applicant per proposal listed in
Staff recommendation, if domain is registered then TM owner is notified

c.       TM owners will have option also to trigger notices in the event
that applied-for domain string includes the trademark string altered by
typographical errors, as determined by an algorithmic tool.  For example,
yaho0.new would trigger a notice if Yahoo! elected to exercise this option.

d.      Domain applicant must affirmatively respond to the TM notice, either
on screen or email, and registrar must maintain written records of such
responses for every domain name.  TM owner must get notice of every
registration that occurs.

 

URS:

1.       Process as detailed by Staff must be mandatory in all newTLD
registries

a.       Substantive standard of UDRP must be exactly replicated in URS 

2.       Successful complainant must have option to transfer the name or
cancel, if no appeal filed within 90 days from date of URS decision.  

a.       Successful complainant must also have option to have domain
suspended until end of its current registration term, and then indefinitely
flagged

b.      Flag shall be recorded in clearinghouse so that if anyone seeks to
register such name(s) again, they would get a notice.

3.       Complainant abuse shall be defined same as Reverse Domain Name
Hijacking under UDRP.

4.       Meaningful appeal process required, Staff hasn't made any proposal
on that yet, so we cannot comment. 

 

Mike Rodenbaugh

RODENBAUGH LAW

548 Market Street

San Francisco, CA  94104

(415)
<http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer
=http://rodenbaugh.com/contact>  738-8087

http://rodenbaugh.com <http://rodenbaugh.com/> 

 

 

From: Mike Rodenbaugh [mailto:mike@xxxxxxxxxxxxxx] 
Sent: Monday, October 26, 2009 11:56 PM
To: 'Zahid Jamil'
Cc: 'Philip Sheppard'
Subject: STI-DT -- BC preliminary position statements

 

BC position on TM Clearinghouse and URS, notes for preliminary statement:

 

Note the attendance at the meeting (Philip has it).

 

TMC --  sunrise processes must be standard AND mandatory IP claims,
POST-launch - unanimous except Palage --  scope of what triggers a hit,
proposal is vague as to 'yahoo', or 'yahoomail' or 'yaho0' or 'yahhoo'??  We
require notice if TM string is replicated anywhere in the domain name that
is applied for (except Palage).  TM owners can elect how widely the notices
would be sent, either to exact matches anywhere in the name, or also
algorithmic typos.  Domain applicant MUST affirmatively respond to the
notice, either on screen or email.  TM owner must get notice of every
registration that occurs.

 

URS - mandatory in all newTLD registries (unanimous except for ICA, who
thinks in effect it will be adopted by everyone anyway); substantive
standard of UDRP must be exactly replicated in URS; procedural elements and
evidentiary threshold of Staff proposal; sanctions for complainant abuse
(abuse defined same as Reverse Domain Name Hijacking under UDRP); meaningful
appeal process required, Staff hasn't made any proposal on that yet, so we
cannot comment.  Successful complainant must have option to transfer the
name or cancel, if no appeal filed within 90 days from date of URS decision.
Some members also would support an indefinite suspension, recorded in
clearinghouse so that if anyone seeks to register again, they would get a
notice.

 

GPML - VRZN, Nokia, NetChoice & Marilyn think it should still be on the
table, but not a deal-breaker, nobody else supports leaving it on the table.

 

PDDM

 

 

Mike Rodenbaugh

RODENBAUGH LAW

548 Market Street

San Francisco, CA  94104

(415)
<http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer
=http://rodenbaugh.com/contact>  738-8087

http://rodenbaugh.com <http://rodenbaugh.com/>